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PC MINS 19881130f ff MINUTES PLANNING COMMISSION NOVEMBER 30, 1988 ff� f f �r The meeting was called to order at 6:30 p.m. by Chairman Connolly at Hesse Park Fireside Room, 29301 Hawthorne Boulevard. PRESENT: Ort-olano, Connolly, McNulty Commissioner Wike arrived at 7:40 p.m. ABSENT: Von Hagen Also present were Director of Environmental Services Robert Benard and Senior Planner Greg Fuz. COMMUNICATIONS PUBLIC HEARINGS CONTINUED BUSINESS Development Code Amendment No. 29 (Fences, Walls, Hedges) Workshop No. I Chairman Connolly reported that communications had been received from the following parties: The Motzl; the Finks; the Murgias, and the El Prado Estates Homeowners Association There were no items for public hearings. Senior Planner Greg Fuz presented background information on the issue of view impairment caused by fences walls and hedges-, and stated that the goal of the Workshop was to obtain public comment on alternative approaches and issues and receive direction from the Commission. Mr. Fuz reviewed the alternative approaches to dealing with this issue, including the -option-' of additional City regulations, requiring prior City review of all fences-, wall--- and hedges in rear and side yards to ensure that no view obstruction occurs-, or the establishment of view protection standards that would allow fences, walls and hedges in rear and side yards without permit in conformance with prior City review. Deviations from those standards could be considered through the Minor Exception Permit process based on existing criteria. Mr. Fuz also Said that the is -sue of view obstruction caused by fences, wall--- and hedges- was in,,.tlanly raised by residents on Sea .Y - I - Raven, and prompted the City council to initiate a Development Code Amendment to address the concern,-:- He added that Staff concur-- that linking the heigh.t.- of fences, walls and hedges to topography to afford view protection can be a reasonable approach ,j toward achieving the legitimate City goal of preserving views Minutes November 30, 1988 Page Two provided that procedural safeguards are enacted to allow for relief from the requirements if views are not impacted. Mr. Fuzz added that Staff believes that precise definitions and an efficient, effective enforcement mechanism are also important components to be included in any Development Code Amendment addressing this issue.. H6,-- also stated that it is necessary to balance the goal of view preservation with the right of a property owner to enclose his or her property for the purposes of privacy, security and maintenance. Mr. Fuz continued by stating that the following alternatives, in addition to new City regulations, could be considered: allow fences, walls and hedges to be up to six feet in height anywhere behind the front or street side setback with no City review; encourage private solutions such as scenic/view easement agreements between property -owners_; review CC&Rs in tracts; encourage lot line ad3ustments to eliminate view obstruction by boundary fences; future subdivision policy to not place property lines at tops of slopes. Chairman Connolly opened the meeting for public comment. Brad Veek, 30523 Santa Luna Drive, President of the El Prado Estates Homeowners- Association, presented the concerns of the Association, the overwhelming majority of whom, he said, feel they are impacted by view impediments over which they have no —control. He stated that they are also concerned about t.he­­wal"t_­ Forrestal and Palos Verdes Drive S. Mr. Veek requested that the Code be modified to include the requirement to trim trees that impair views, that the Commission consider adoption of the standards established by the California Coastal Commission, and emphasized the belief of the Homeowners Association that views are rights, not privileges. Warren Sweetnam, 7 Top Rail Lane, thanked the Commission for holding the Workshop and Said that the proposed amendment should also include the issue of privacy. He also said there appears- to be some legal justification in California for supporting views. John Berenqer, Vice President Ladera Linda Homeowners Assoviatit.­,, was also concerned about the—wa-l-l"at Forestal and Palos Verdes Drive South because it represents a view obstruction and creates a safety hazard both to street traffic and to traffic exiting driveways. Lyle Quatrochi, 4002 Exultant Drive, representing the Seaview Residents Association, reported on what actions were taken to mitigate the offending wall in the Seaview area. He suggested limiting the height of all walls, fences and hedges to 42 inches, and recommended the formation of an ad hoc committee to assist with code enforcement. Minutes November 30, 1988 Page Three Elaine Notz, 32413 Sea Raven Drive, Said she hoped that walls constructed for security reasons would not be encouraged in the future. Robert Hollingsworth, 32772 Phantom Drive, representing the Ladera Linda Homeowners Association, was present as an observer. John Copley, -30061 Grandpoi.nt Lane, representing the Miraleste Hills Homeowners Association, pointed out that enforcement of the view issue through the CC&Rs would be difficult for the Miraleste Hills tract because the tract was not developed as a homogeneous- project. omogeneousproject. .ferry Amerman, 34 Sea Cove Drive, was present to take a report back to the Board of the West Portuguese Bend Homeowners Association. Daniel. Falcon, 32339 Sea Raven Drive, thanked the Commission for holding the Workshop and the Staff for their efforts, and stressed that a meaningful Solution needs to be arrived at for current and future developments. George Fink, 32553 Sea Raven Drive, presented photographs of hi-- property isproperty which showed the kind of view elimination his family could face should the current code be allowed to prevail, and presented draft language for the proposed amendment. He also said property owners should be constrained to using more aesthetic approaches to walls and fences, and should shoe: a compelling need for the use of cinder block, walls. With regard to the alternative approaches proposed by Staff, he said he did not See the benefit of private solutions. Mr. Fink encouraged ,the requirement of a permit for any deviations from the Code, and invited the Commission to visit his property to view the topography. He was also opposed to the wall on Forestal, and requested a moratorium on rear yard walls, if it is within the power of the Commission. Director of Environmental Services Benard clarified the Condition of Approval which allowed for the wall on Forestal,. He also reiterated that the wall was allowed under the current code because it is at the rear of the property, and added that this intersection will be brought to the attention of the Traffic Committee so they can conduct a detailed analysis and prepare a report for the Commission's benefit. Al Scow, 5302 Bay Ridge, applauded Staff for their efforts and said he did not support the idea of limiting this- issue to rear yard fences only. Mr. scow also offered his assistance and support to the Commission. E Minutes November 30, 1988 Page Four Mrs. Reike,,,,- . also emphasized that the wall on _Forrestal is unsafe because it blocks the views of residents exiting their driveways. Elise Gorman, 3675 Vigilance Drive, also questioned the safety of the wall on Forestal. Joe Gorman, 3675 Vigilance Drive, was equally concerned about the intersection at Forestal and Palos Verdes Drive South, and about the placement of side yard walls. Eugene -Gilster, 26616 Deepbrook Drive -,-presented his views of the situation in terms of befng_a 21 year resident of Rancho Palos- Verdes, and asked about regulation within the existing code covering side yard fences. He also said he would not like to see approval of a retroactive ordinance, and asked that consideration also be given to the issue of privacy. Gilbert Alberio, 2177 Rockinghorse Road, urged uniformity in the codes, particularly as they apply to satellite dish antennas. Maureen -Griffin, 4110 PalosVerdesDrive representing the Portuguese Bend Homeowners- Association, was concerned about the effect of the code amendment on the land surrounding the Portuguese Bend community. Beverly Weise, -32365 Phantom -Drive representing the Ladera Linda Homeowners Association, expressed concern about traffic safety at the intersection of Forestal and Palos Verdes Drive South, and said that many of the residents in the community have voiced a similar concern. Mrs. Weise requested the use of ;similar requirements for both front and rear setbacks in any future construction. Paul Weise, 32365 Phantom_Drve complimented staff for their attempts at resolving il ing this issue, and urged the Commission to review the intersection at Forestal and Palos Verdes Drive South because it is a definite safety hazard. Susan Brooks-, 3419 Corrina Drive, President of the Mira Catalina Homeowners Association, noted that the primary concerns in her community are the pine trees which obstruct trees because of their excessive height. she requested uniformity in the standards to include trees and hedges - height, and noted that the Forestal and Palos Verdes Drive South intersection is a danger to the community. She also recommended site plan review to address these types of issues. Minutes November 30, 1988 Page Five - All the public comments having been received, Senior Planner Greg Fuzz reviewed the following list of concerns that had been expressed by the public: 0 The intersection at Forestal and Palos Verdes Drive South - this matter will be reviewed by the City Attorney and the Traffic Committee. 0 More comprehensive definition of views. 0 views should be addressed in relation to privacy. 0 Side yards should be included for consideration. 0 Hedges should be included for consideration. 0 No retroactive ordinance for walls, fences and hedges. 0 solid walls should not be allowed. 0 walls that permit 900 light and air only should be allowed. 0 Property values decrease with loss of views. .Z 0 Uniformity in the character of the community. 0 obtain a legal opinion regarding the powers of Staff to prohibit solid walls totally. 0 Difficulty in enforcing CC&RS. 11 Commissioner Ortolano commented that the opportunity exists for the formation of a volunteer code enforcement committee, and she requested a legal opinion on the establishment of such a committee. She said she thought it would be appropriate to address the problem in increments in order to test the Solutions, starting with rear yard issues. When a legal opinion is obtained regarding the powers of Staff vis a vis limiting fence -s, walls-, and hedges, then the focus should turn to the prospective, versus the retroactive impact of such actions. Commissioner Ortolano also recommended that Staff review the effects of one property owner's front yard abutting the adjacent property's front yard, and recommended formalization of a policy covering property lines for up -Sloping and down-sloping lots. She was not in favor of shrubs or hedges exceeding the height of walls on terraced lot--. Commissioner Wike questioned the viability of a public notice informing residents about retroactive compliance of the Code. Minutes November 30, 1988 Page Six Commissioner McNulty recommended establishing on ordinance that indicates that a rear yard fence can be placed on a downslope lot but must be placed in a way that it is downslope from the property line, and that a permit of some kind should be required for such fences. The Planning Commission is to determine if views would be affected. Commissioner McNulty said this recommendation would apply to terraced lots only and said he was not in favor of a retroactive clause, but he favored site for new developments whe-r-e-any-of-the--yard area abutt.s_the�s_treet and that the height -of-the-w-a.1-1--sho-uld-be-de-termi-ne.d-b-y--tha-P-lanm-; n-g— Commission. Chairman Connolly requested that the wording in Mr. Fink's recommended language be considered by Staff along with other possible alternative -s. Director of Environmental Services Benard reported that the next public workshop will be held on January 31, 1989 and that the viability of issuing a moratorium affecting terraced lots only will be discussed with the City Attorney. NEW BUSINESS There were no new item-- of new business. QUESTIONS FROM THE PUBLIC (regarding non -agenda items) There were no questions from the audience. STAFF REPORTS pirector of Environmental Services Benard advised the Commission that the City Council has scheduled January 14, 1989 for a projects tour and has requested that all Commission members be available. COMMISSION REPORTS None. ADJOURNMENT The meeting was duly adjourned at 10:17 p.m. to 6:30 p.m. on December 13, 1988, Hesse Park Community Building.